Tag Archives: Hunter v. Hunter
The Burden of Proof When Using the Alternative-Pleading Model in Hunter v. Hunter
The Virginia Court of Appeals issued an important ruling the other year that spells out the burden of proof that a plaintiff has when seeking to utilize the alternative-pleading model of Hunter v. Hunter, 298 Va. 414 (2020). Full disclosure: I litigated Hunter v. Hunter (“Hunter I”) before the Virginia Supreme Court in 2020, and I also litigated this case before the Court of Appeals in 2023. The case styling is Hunter v. Hunter, 77 Va. App. 468 (2023). I’ll refer to it here as “Hunter II.” In Hunter II, the Court of Appeals examined a case where the plaintiff used the alternative-pleading model to …
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When Does a Trust Become Irrevocable? At the Settlor’s Death, or Upon the Settlor’s Loss of Capacity? Hunter v. Hunter’s Discussion of the Concept
This post is part 7 in our 7-part series on the Virginia Supreme Court’s ruling in Hunter v. Hunter (Record No. 190260). Today we focus on the opinion’s discussion of the issue of when a trust becomes irrevocable. Is it upon the death of the settlor (the person who created the trust)? Or at the time when the settlor loses the capacity to revoke the trust? You can find parts 1-6 of the series at the following links: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6. For better or for worse, the Virginia Supreme Court did …
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No Contest Clauses and Challenges to Beneficiary Designations, Account Titlings, Gifts, or Powers of Attorney: Hunter v. Hunter’s Discussion of the Concept
This post is part 6 in our 7-part series on the Virginia Supreme Court’s ruling in Hunter v. Hunter (Record No. 190260). Today we focus on the opinion’s discussion of the concept of a no contest clause “seeking to seal the courthouse doors to a litigant.” You can find parts 1-5 of the series at the following links: Part 1, Part 2, Part 3, Part 4, and Part 5. In the Hunter opinion, the Virginia Supreme Court stated: “To begin, we have never addressed (much less approved) a no-contest provision seeking to seal the courthouse doors to a litigant seeking …
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“Gift Over” and No Contest Clauses: Hunter v. Hunter’s Discussion of the Concept
This post is part 4 in our 7-part series on the Virginia Supreme Court’s ruling in Hunter v. Hunter (Record No. 190260). Today we focus on the opinion’s discussion of the “gift over” rule and how that rule relates to a no contest clause. You can find parts 1-3 of the series at the following links: Part 1, Part 2, and Part 3. The “gift over” rule relates to what type of language a no contest clause must contain in order to be legally effective. English and early American courts required that in order for a no contest clause to …
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No Contest Clauses Are Strictly Construed: Hunter v. Hunter’s Discussion of the Concept
In Hunter v. Hunter (Record No. 190260), the Virginia Supreme Court devoted nearly a page of its opinion to discussing how no contest clauses in Virginia are strictly construed. Its discussion contains some new language that may prove to be helpful to litigants on this issue. In this second part of a seven-part series of blog posts on the Hunter case, we examine the implications of the Court’s discussion of this issue (note: part one of the series can be found here.
Virginia Supreme Court Issues Significant New Decision on No Contest Clauses (Hunter v. Hunter)
The Virginia Supreme Court recently handed down one of the most significant trust and estate litigation opinions in years. In the unanimous ruling in Hunter v. Hunter (Record No. 190260), the Court (for the first time) expressly approved of an alternative-pleading model whereby a trust beneficiary may first seek a declaratory judgment as to whether a proposed claim would trigger a no contest clause, and obtain a ruling on that threshold question, before deciding whether to proceed with the prosecution of the claim. Full disclosure: I litigated the Hunter case on behalf of the successful appellant, both at the trial …
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